Menu
When someone you love dies because of another person’s negligence, recklessness, or intentional act, the grief is compounded by questions no one should have to ask. How did this happen? Could it have been prevented? Who is responsible?
You may feel conflicted about pursuing a legal claim. This is not about replacing the person you lost. Nothing can do that. But holding the responsible party accountable can prevent the same tragedy from happening to another family. It can also provide financial stability when your household has lost income, support, and the future you planned together.
At McCormick & Murphy, Kirk McCormick and Jay Murphy represent families in Colorado Springs and throughout El Paso County who are navigating the legal process after an unthinkable loss. They handle wrongful death claims with the respect and urgency your family deserves.
Colorado law defines wrongful death as a death caused by the wrongful act, neglect, or default of another person or entity. The key factor is that the deceased person would have had the right to file a personal injury claim if they had survived.
Common situations that lead to wrongful death claims include:
Each case turns on whether the defendant owed a duty of care to the deceased, breached that duty, and directly caused the death. The standard is civil liability, not criminal guilt. Even if no criminal charges were filed, your family may still have a valid wrongful death claim.
Colorado has specific rules about who is legally allowed to bring a wrongful death lawsuit. The law prioritizes close family members and follows a structured timeline.
During the first year after the death, only the surviving spouse can file a wrongful death claim. If there is no surviving spouse, or if the spouse chooses not to file, the deceased person’s children may file.
If one year has passed and no claim has been filed by a spouse or children, the deceased person’s parents or anyone designated in the will to bring such a claim may file. After two years, if no one else has filed, the deceased person’s heirs under Colorado intestacy law may pursue the claim.
In addition to the wrongful death claim itself, Colorado law allows a separate survival action. This claim belongs to the estate and seeks damages the deceased person experienced before death, such as pain and suffering, medical bills, and lost wages between the time of injury and death.
The distinctions matter. Kirk and Jay help families understand who has legal standing and how to coordinate claims when multiple family members are affected.
Wrongful death damages fall into two broad categories: economic losses and non-economic losses.
Economic damages are the financial losses your family has suffered and will continue to suffer. These include:
Calculating future economic losses requires expert testimony. Economists, actuaries, and vocational specialists may be called to estimate what the deceased person would have earned, saved, and contributed to the household over the course of their expected life.
Non-economic damages recognize the intangible losses that cannot be reduced to a dollar figure:
Colorado law does not cap non-economic damages in wrongful death cases the way it does in some medical malpractice claims. Every loss is unique, and the value of a claim depends on the specific circumstances of your family and the person you lost.
In rare cases involving particularly egregious conduct—such as drunk driving or intentional harm—the court may award exemplary damages. These are intended to punish the defendant and deter similar conduct in the future.
Colorado’s statute of limitations for wrongful death claims is two years from the date of death. Once that deadline passes, you lose the right to file a lawsuit, and the responsible party is shielded from accountability.
Two years may sound like a long time when you are in the early stages of grief. It is not. Investigating the circumstances of the death, gathering evidence, consulting experts, and building a strong case all take time. Insurance companies know the deadline, and they use delay as a tactic.
If the death was caused by a government employee or entity—such as a city vehicle, a county road defect, or a state employee—special notice requirements apply. You may have as little as 182 days to file a formal notice of claim before you can pursue a lawsuit. Missing that deadline can bar your claim entirely.
Starting the process does not mean you are committing to a trial or a long legal battle. It means you are preserving your family’s rights while evidence is still fresh and witnesses’ memories are clear.
Most families have never dealt with a legal claim of any kind, let alone one that involves the death of someone they love. Understanding what to expect can reduce some of the uncertainty.
The process begins with an investigation. Kirk and Jay work with investigators, accident reconstructionists, medical experts, and other professionals to determine what happened and who is liable. This might involve reviewing police reports, medical records, employment documents, witness statements, and physical evidence from the scene.
Once liability and damages are clear, they typically open negotiations with the at-fault party’s insurance company. Many wrongful death claims are resolved through settlement, which allows your family to avoid the uncertainty and emotional toll of a trial.
Settlement does not mean accepting the first offer. Insurance companies routinely lowball grieving families, hoping they will accept a quick payout rather than fight for fair compensation. Kirk and Jay know how to counter these tactics and negotiate from a position of strength.
If settlement negotiations fail to produce a fair offer, filing a lawsuit may be necessary. The lawsuit involves formal discovery, depositions, expert reports, and motion practice. Even after a lawsuit is filed, the majority of cases still settle before trial.
If your case does go to trial, a jury will hear evidence and decide whether the defendant is liable and what damages your family should receive. Kirk and Jay are experienced trial attorneys who prepare every case as if it will go to trial, even when settlement is the goal.
Throughout the process, you remain in control. You decide whether to accept a settlement offer or proceed to trial. Your attorneys are there to give you the information and advice you need to make the best decision for your family.
Colorado follows a modified comparative negligence rule. This means that even if your loved one shares some responsibility for the incident that caused their death, your family can still recover damages—as long as the deceased person was not more than 50 percent at fault.
If your loved one was 30 percent at fault, for example, your damages would be reduced by 30 percent. If they were 51 percent or more at fault, you cannot recover anything.
Insurance companies frequently try to shift blame onto the deceased person to reduce their own liability. They may claim your loved one was speeding, not wearing a seatbelt, or otherwise acting carelessly. These arguments are not always accurate, and they can often be refuted with evidence.
Kirk and Jay investigate the facts thoroughly and push back against unfair blame-shifting tactics. Fault is a question for the jury, not the insurance adjuster.
You are not required to hire a lawyer to file a wrongful death claim. But attempting to navigate the process alone, while grieving and managing the practical demands of loss, is overwhelming.
Insurance companies have teams of lawyers and adjusters whose job is to minimize payouts. They know that unrepresented families are more likely to accept low settlements, miss deadlines, or make procedural mistakes that weaken their claims.
An experienced wrongful death attorney levels the playing field. They handle the legal and administrative burdens so you can focus on your family. They know what evidence is needed, what experts to consult, and how to build a case that reflects the full scope of your loss.
They also understand the emotional weight of these cases. Kirk McCormick and Jay Murphy do not treat wrongful death claims as just another file. They recognize that behind every case is a family in pain, and they approach each case with the sensitivity and seriousness it deserves.
McCormick & Murphy is a personal injury law firm based in Colorado Springs. Kirk and Jay represent clients throughout El Paso County, including Briargate, Gleneagle, Falcon, Manitou Springs, Fort Carson, Security-Widefield, Broadmoor, and surrounding communities.
They handle wrongful death cases on a contingency fee basis. You do not pay any attorney fees unless they recover compensation for your family. If there is no recovery, you owe nothing.
This fee structure ensures that financial concerns do not prevent families from pursuing justice. You get experienced legal representation without upfront costs or hourly billing.
Kirk and Jay are accessible and responsive. They return calls, answer questions, and keep you informed as your case progresses. You are not handed off to a paralegal or left wondering what is happening.
They also understand that every family’s situation is different. Some families want to be deeply involved in every decision. Others prefer to step back and trust their attorney to handle the details. Kirk and Jay adapt to what works best for you.
The immediate aftermath of a sudden death is disorienting. You are managing funeral arrangements, notifying family and friends, dealing with employers and creditors, and trying to process your own grief.
Legal matters may be the last thing on your mind. But there are steps you can take early on to protect your family’s rights.
Preserve any evidence related to the death. This might include photographs, clothing, damaged property, medical records, or correspondence with insurance companies. Do not sign anything from an insurance company without consulting an attorney first.
Keep records of all expenses related to the death, including medical bills, funeral costs, travel expenses, and time missed from work. These will be important when calculating damages.
If the death involved an accident, try to obtain contact information for any witnesses. Witnesses move, memories fade, and evidence disappears. Early action preserves critical information.
Most importantly, reach out to an attorney sooner rather than later. An initial consultation does not commit you to anything. It gives you information and helps you understand your options.
Families often have similar concerns when considering a wrongful death claim. Some worry that pursuing a lawsuit dishonors their loved one’s memory. Others feel conflicted about seeking money in the wake of a loss that cannot be measured.
A wrongful death claim is not about greed. It is about accountability. It is about making sure the person or company responsible does not simply walk away. It is about forcing change so that the same negligence does not take another life.
It is also about your family’s future. If your spouse or parent died, you may have lost your household’s primary income. You may face years of financial insecurity, educational expenses, and lost opportunities. Compensation helps your family maintain stability and security during an already difficult time.
Some families worry that filing a lawsuit will drag out their grief or prevent them from moving forward. The reality is that unresolved questions and financial stress often prolong suffering. Resolution—legal, financial, and emotional—can be an important part of healing.
If you lost a family member due to someone else’s negligence or wrongful conduct in Colorado Springs or anywhere in El Paso County, you have legal rights. You do not have to face this alone.
McCormick & Murphy offers free consultations to families considering a wrongful death claim. You can speak with Kirk or Jay, ask questions, and get clear answers about your options. There is no obligation and no cost.
Call 719-389-0400 or visit https://mccormickmurphy.com/ to schedule your consultation. The office is located at 929 W Colorado Ave, Colorado Springs, CO 80905.
You deserve answers. Your family deserves justice. And the person responsible deserves to be held accountable.
Colorado law follows a specific order for who can file a wrongful death claim. During the first year after the death, only the surviving spouse may file. If there is no spouse or the spouse does not file, the children of the deceased may bring the claim. After one year, if no claim has been filed, the parents or a person designated in the deceased’s will may file. After two years, heirs under Colorado intestacy law may pursue the claim. The law is designed to prioritize those closest to the deceased while ensuring someone can seek justice on behalf of the family.
You have two years from the date of death to file a wrongful death lawsuit in Colorado. This deadline is strict, and missing it usually means you lose the right to pursue compensation. If the death involved a government entity or employee, special notice requirements apply, and you may have as little as 182 days to file a notice of claim. Starting the legal process early ensures that evidence is preserved, witnesses are available, and your family’s rights are protected
Damages in a wrongful death case include both economic and non-economic losses. Economic damages cover funeral and burial expenses, medical bills before death, loss of the deceased’s expected earnings and benefits, loss of household services, and loss of inheritance. Non-economic damages compensate for loss of companionship, care, guidance, and emotional support. In cases involving particularly reckless or intentional conduct, exemplary damages may also be awarded to punish the defendant and deter future misconduct. Each case is unique, and the value depends on the specific circumstances of your loss.
No. Most wrongful death claims settle before trial. Settlement allows your family to resolve the case faster and with less uncertainty than a trial. However, if the insurance company refuses to make a fair offer, filing a lawsuit and preparing for trial may be necessary to secure just compensation. Even after a lawsuit is filed, settlement negotiations continue, and many cases resolve during the discovery process or mediation. Your attorney will prepare your case thoroughly while pursuing settlement, and you remain in control of whether to accept an offer or proceed to trial.
Yes, as long as your loved one was not more than 50 percent at fault for the incident that caused their death. Colorado follows a modified comparative negligence rule, which means your damages will be reduced by the percentage of fault attributed to the deceased. For example, if your loved one was found 20 percent at fault, your recovery would be reduced by 20 percent. Insurance companies often try to shift blame to reduce their liability, so it is important to have an attorney who will investigate the facts and challenge unfair accusations.
McCormick & Murphy handles wrongful death cases on a contingency fee basis. You pay no attorney fees unless they recover compensation for your family. If there is no recovery, you owe nothing. This arrangement ensures that financial concerns do not prevent you from pursuing justice and holding the responsible party accountable. During your free consultation, Kirk or Jay will explain the fee structure and answer any questions about costs.
Proving a wrongful death claim requires showing that the defendant owed a duty of care to the deceased, breached that duty, and directly caused the death. Evidence may include police reports, accident reconstruction analysis, medical records, autopsy reports, witness statements, photographs or video from the scene, employment and financial records, and expert testimony. The specific evidence needed depends on the circumstances of the death. An experienced wrongful death attorney will conduct a thorough investigation and work with experts to build a strong case on behalf of your family.
Wrongful death claims are a relatively recent addition to American law. Historically, families couldn’t pursue legal action for losses sustained when a loved one died due to another’s negligence. This created an inequitable situation where injured survivors could recover compensation, but families received nothing if the victim died.
To address this imbalance, states enacted wrongful death statutes establishing legal grounds for families to seek compensation. Since these laws are statutory creations, wrongful death cases differ significantly from personal injury cases, requiring attorneys with specialized expertise.
The Colorado wrongful death attorneys at McCormick & Murphy, P.C. offer free consultations to discuss your case, with no legal fees unless compensation is recovered. Our team serves clients throughout Colorado Springs, Denver, and Pueblo.
Wrongful death actions can arise from numerous incidents, including:
Some of the most common types include the following:
To recover damages, surviving family members must establish that the incident resulting in death was caused by negligence, recklessness, or intentional conduct. Building such a case typically requires substantial evidence, including:
Since involved parties may resist producing evidence or even attempt to destroy it, it’s crucial for families to secure experienced legal representation promptly.
Colorado law strictly limits who can file wrongful death claims and imposes specific time constraints based on relationship to the deceased:
Unlike many states, Colorado limits eligible parties to linear descendants, excluding siblings, nieces, nephews, and other relatives.
Determining damages in Colorado wrongful death cases is complex, with compensation assessed by a judge or jury. Plaintiffs may recover:
Losing a loved one to another’s negligent or wrongful conduct is devastating. While no compensation can bring them back, legal action can provide financial stability and a sense of justice.
The Colorado wrongful death lawyers at McCormick & Murphy, P.C. have advocated for injury victims since 1995, working tirelessly to secure the best possible outcomes. Our attorneys understand the emotional and financial challenges facing families after a wrongful death and provide compassionate, dedicated representation throughout the legal process.
Our offices in Colorado Springs, Denver, and Pueblo serve clients throughout El Paso County and the state. We handle all aspects of wrongful death litigation, from investigating the circumstances of death to negotiating with insurance companies and, if necessary, representing you at trial.
Contact us today at 719-389-0400 or through our online form for a free, no-obligation consultation to discuss your legal options.
Immediate Neighborhood (0.1-2 miles):
Close Proximity (2-5 miles):
Within 5-10 miles:
Within 10-15 miles:
We provide convenient and exceptional legal services to personal injury victims throughout the state of Colorado, we have offices in:
Fill out the form and we will contact you ASAP!
Disclaimer: The information on this website is for information purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship.
© 2026 McCormick & Murphy, P.C. | All Rights Reserved | Privacy Policy | Terms & Conditions